As per CVC, the Prime Minister has to consult the Chief Vigilance Commissioner before clearing the name, but that wasn't done. In fact, the PMO is said to have elected someone of its choice whose name never appeared in the CVC nomination.
The Indian government is supposed to abide by the Section 26 of the CVC Act and clear appointment only when the CVC clears it.
As per sources, the CVC had recommended an IPS officer-RK Pachnanda-of the West Bengal cadre. But, the PMO snubbed the CVC's recommendation and cleared the appointment with the Department of Personnel and Training. Ironically, the CBI has to report to the CVC, only administrative matters are reported to the DoPT, which is headed by the PM.
CVC alleges that Archana Ramasundram's name was never nominated.
One of the CVC sources said,"Our select committee never recommended the name of Archana Ramasundram. We recommended R K Pachnanda. The Appointments Committee of the Cabinet has got full right to reject but reasons are to be given in writing with a request to choose another candidate. In this case the DoPT on its own without coming to us again got appointment of Archana Ramasundram done. This is clear violation of the CVC Act."
V Narayansami, when contacted, failed to provide a satisfactory explanation. He said,"It's not my personal decision. Name decided by the ACC."
POlitical parties like the BJP and CPI's National Secretary-D Raja criticized the decision accusing the government of corruption and calling CBI as the Congress Bureau of Investigation.
The Centre faces resentments over the issue just before the Lok Sabha election. In fact, noted journalist Vineet Narain has filed a PIL, demanding that the DoPT ordered be overturned. Meanwhile, the CVC has also decided to write to Prime Minister Manmohan Singh that it does not recognise Archana's names Additional Director.